HC Deb 18 November 1919 vol 121 cc461-3

(2) Where a trade dispute exists or is apprehended, the Minister may, if he thinks fit and if both parties consent, either—

  1. (a) refer the matter for settlement to the Industrial Court; or
  2. (b) refer the matter for settlement to the arbitration of one or more persons appointed by him; or
  3. (c) refer the matter for settlement to a board of arbitration consisting of one or more persons nominated by or on behalf of the employers concerned and an equal number of persons nominated by or on behalf of the workmen concerned, and an independent chairman nominated by the Minister:
Provided that if there are existing in any trade or industry any arrangements for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organisations of employers and organisations of workmen representative respectively of substantial proportions of the employers and workmen engaged in that trade or industry, the Minister shall not, unless with the consent of both parties to the dispute, and unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement or advice in accordance with the foregoing provisions of this Section. (3) The Minister may refer to the Industrial Court for advice any matter relating to or arising out of a trade dispute, or trade disputes in general or trade disputes of any class, or any other matter which in his opinion ought to be so referred.

Sir R. HORNE

I beg to move, in Subsection (2), after the word "Minister" ["nominated by the Minster"] to insert the words For the purpose of facilitating the nomination of persons to act as members of a board of arbitration, the Minister of Labour shall constitute panels of persons appearing to him suitable so to act, and women shall be included in the panels. This Amendment is one which I move in response to a very reasonable request made by the right hon. Gentleman the Member for Widnes (Mr. Henderson). He pointed out the service which such panels had done under the Conciliation Act, and I am very glad to meet him by putting this definite arrangement into the present measure.

Amendment agreed to.

Further Amendment made: At the end of Sub-section (3), insert the words: Provided that if there are existing in any trade or industry any arrangements for settlement by conciliation or arbitration of disputes in such trade or industry, or any branch thereof, made in pursuance of an agreement between organisations of employers and organisations of workmen representative respectively of substantial proportions of the employers and workmen engaged in that trade or industry, the Minister shall not, unless with the consent of both parties to the dispute, and unless and until there has been a failure to obtain a settlement by means of those arrangements, refer the matter for settlement or advice in accordance with the foregoing provisions of this Section."—[Sir R. Horne.]